The South African Institute for Drug-Free Sport. Anti-Doping Rules

Transcription

1 The South African Institute for Drug-Free Sport Anti-Doping Rules

2 TABLE OF CONTENTS INTRODUCTION ARTICLE 1 APPLICATION OF RULES ARTICLE 2 ANTI-DOPING RULE VIOLATIONS ARTICLE 3 PROOF OF DOPING ARTICLE 4 THE PROHIBITED LIST ARTICLE 5 TESTING ARTICLE 6 ANALYSIS OF SAMPLES ARTICLE 7 RESULTS MANAGEMENT ARTICLE 8 DISCIPLINARY PROCEDURE ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ARTICLE 10 SANCTIONS ON INDIVIDUALS ARTICLE 11 CONSEQUENCES TO TEAM SPORTS ARTICLE 12 SANCTIONS AGAINST NATIONAL SPORTS FEDERATIONS ARTICLE 13 APPEALS ARTICLE 14 REPORTING ARTICLE 15 PUBLIC DISCLOSURE ARTICLE 16 MUTUAL RECOGNITION OF DECISIONS ARTICLE 17 STATUTE OF LIMITATION ARTICLE 18 AMENDMENT AND INTERPRETATION ARTICLE 19 INFORMATION AND NOTICES ARTICLE 20 COMMENCEMENT, VALIDITY AND GOVERNING LAW...76 DEFINITIONS...78

3 INTRODUCTION Introduction The World Anti-Doping Code (the Code) is the core document produced by WADA and provides the framework for the harmonisation of anti-doping policies, rules and regulations across all sports and all countries around the world. The South African Government made a formal commitment to the Code and formally recognised the role of WADA through the Copenhagen Declaration of Ant-Doping in Sport (2003). The South African Institute for Drug-Free Sport (SAIDS) is the statutory body established by Government with the responsibility to promote and support the elimination of doping in Sport in South Africa. Preface At its Board Meeting on 25 th November, 2005, SAIDS formally accepted the World Anti-Doping Code (the Code ). These Anti-Doping Rules are adopted and implemented in conformance with SAIDS s responsibilities under the Code, and are in furtherance of SAIDS s continuing efforts to eradicate doping in the Republic of South Africa. Anti-Doping Rules, like Competition rules, are sport rules governing the conditions under which sport is played. Athletes, Athlete Support Personnel, and other Persons accept these rules as a condition of participation and shall be bound by them. These sport-specific rules and procedures, aimed at enforcing anti-doping principles in a global and harmonized manner, are distinct in nature and, therefore, not intended to be subject to, or limited by any national requirements and legal standards applicable to criminal proceedings or employment matters. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of the anti-doping rules in the Code and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world with an interest in fair sport. The Code defines SAIDS as; The entity designated by the Government of the Republic of South Africa as possessing the primary authority to adopt and implement anti-doping rules, direct the collection of Samples, the management of test results, 2

4 and the conduct of hearings, all at the national level. Fundamental Rationale for the Code and the SAIDS Anti-Doping Rules Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is often referred to as the spirit of sport ; it is the essence of Olympism; it is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is characterized by the following values: Ethics, fair play and honesty Health Excellence in performance Character and education Fun and joy Teamwork Dedication and commitment Respect for rules and laws Respect for self and other Participants Courage Community and solidarity Doping is fundamentally contrary to the spirit of sport. The SAIDS Anti-Doping Programme SAIDS was established as a statutory body by the Institute for Drug-Free Sport Act of 1997 as amended in 2006 as the independent Anti-Doping Organization for South Africa, and SAIDS has the necessary authority and responsibility for: Planning, coordinating, implementing, monitoring and advocating improvements in Doping Control; Cooperating with other relevant national organizations, agencies and other Anti-Doping Organizations; Encouraging reciprocal Testing between National Anti-Doping Organizations; Promoting anti-doping research; 3

5 Where funding is provided, withholding some or all funding, during any period of his or her Ineligibility, to any Athlete or Athlete Support Personnel who has violated anti-doping rules; Vigorously pursuing all potential anti-doping rule violations within its jurisdiction including investigating into whether Athlete Support Personnel or other Persons may have been involved in each case of doping. Planning, implementing and monitoring anti-doping information and education programs. SAIDS thereby is a distinct and independent body, The operations of the disciplinary authorities (the SAIDS Anti-Doping Disciplinary Panels and SAIDS Anti- Doping Appeal Board) are independent of SAIDS. The SAIDS Anti-Doping Rules These Anti-Doping Rules, like Competition rules, are sports rules governing the conditions under which sport is played. Participants accept these rules as a condition of participation in sport and shall be bound by them. These Anti-Doping Rules are distinct in nature and, therefore, not intended to be subject to, or limited by, any requirements and legal standards applicable to criminal proceedings or employment matters. Scope These Anti-Doping Rules shall apply to SAIDS, each National Federation of South Africa, and each Participant in the activities of the National Federations by virtue of the Participant s membership, accreditation, or participation in their National Federations, or their activities or Events. Any Person who is not a member of a National Federation of South Africa and who fulfills the requirements to be part of the SAIDS Registered Testing Pool, must become a member of the Person s National Federation, and shall make himself or herself available for Testing, at least three (3)] months before participating in International Events or Events of his or her National Federation. 4

6 These Anti-Doping Rules shall apply to all Doping Controls over which SAIDS has jurisdiction. ARTICLE 1 APPLICATION OF RULES 1.1 Application to National Sports Federations National Sports Federations shall accept these Anti-Doping Rules and incorporate these Anti-Doping Rules either directly or by reference into their governing documents, constitution and/or rules and thus as part of the rules of sport and the rights and obligations governing their members and Participants The application of these Anti-Doping Rules to Participants is based on the membership obligations that exist between National Sports Federations and their members or Participants through those individuals agreement to participate in sport according to its rules As a condition of receiving financial and/or other assistance from the Government of South Africa and/or SAIDS, National Sports Federations shall accept and abide by the spirit and terms of the SAIDS Anti-Doping Programme and these Anti-Doping Rules, including the application of its sanctions to individuals, and shall respect the authority of, and co-operate with, SAIDS and the hearing bodies in all anti-doping matters which are not governed by the rules of the relevant International Federation in accordance with the Code. [Comment to Article 1.1.3: NADOs are encouraged to work cooperatively with their Governments to ensure that the adoption and implementation of National Federation anti-doping policies are a pre-condition to receiving any financial and/or other assistance from the Government and/or thentional Anti-Doping Organization such as SAIDS By the adoption of these Anti-Doping Rules and their incorporation into their governing documents and rules of sport, National Sports Federations recognize the authority and responsibility of SAIDS for implementing the SAIDS Anti-Doping Programme and authorize SAIDS to carry out Doping Control and their members and 5

7 Participants accordingly recognize and accept this authority and responsibility. The International Federations and SAIDS respect each other s authority and responsibility as foreseen in the Code By the adoption of these Anti-Doping Rules and their incorporation into their governing documents and rules of sport, National Sports Federations also formally submit the National Sports Federation and all Athletes under its jurisdiction or control or subject to its governing documents or rules of sport to these Anti-Doping Rules. They agree to abide by the decisions made pursuant to these Anti-Doping Rules, in particular the decisions of the SAIDS Anti- Doping Disciplinary Panels and the SAIDS Anti-Doping Appeal Panel. Their International Federations, members and Participants accordingly recognize and accept this submission and agreement subject to the rights of appeal foreseen in these rules. 1.2 Application to Persons The SAIDS Anti-Doping Rules apply to all Persons who: are members of a National Sports Federation of South Africa, regardless of where they reside or are situated; are members of a National Sports Federation s affiliated members, clubs, teams, associations or leagues; participate in any capacity in any activity organized, held, convened or authorized by a National Sports Federation of South Africa or its affiliated members, clubs, teams, associations or leagues; and participate in any capacity in any activity organized, held, convened or authorized by a National Event organization, or a national league not affiliated with a National Sports Federation Participants including Minors are deemed to accept, submit to and abide by these Anti-Doping Rules by virtue of their participation 6

8 in sport The Roles and Responsibilities of Athletes are to: be knowledgeable of and comply with all applicable anti-doping policies and rules adopted pursuant to the Code; be available for Sample collection; take responsibility, in the context of anti-doping, for what they ingest and Use; and inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment and dietary supplement received does not violate anti-doping policies and rules adopted pursuant to the Code The Roles and Responsibilities of Athlete Support Personnel are to: be knowledgeable of and comply with all anti-doping policies and rules adopted pursuant to the Code and which are applicable to them or the Athletes to whom they support; cooperate with the Athlete Testing program; and use their influence on Athlete values and behaviour to foster anti-doping attitudes If any Person is found to have committed an anti-doping rule violation, the Consequences of these Anti-Doping Rules shall apply. A Person sanctioned under these Anti-Doping Rules remains subject to them throughout the duration of the Ineligibility regardless of that Person s membership status in any National Sports Federation or sports organization. Unless the Person sanctioned retires during the period of Ineligibility, this shall include remaining subject to Doping Control. ARTICLE 2 ANTI-DOPING RULE VIOLATIONS [Comment to Article 2: The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule violations. Hearings in doping cases will 7

9 proceed based on the assertion that one or more of these specific rules has been violated.] Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.8 of these Anti-Doping Rules (Anti-Doping Rule Violations). The following constitute Anti-Doping Rule Violations: 2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete s Sample It is each Athlete s personal duty to ensure that no Prohibited Substance enters his or her body. Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Athlete s part be demonstrated in order to establish an anti-doping rule violation under Article 2.1. [Comment to Article 2.1.1: For purposes of anti-doping violations involving the presence of a Prohibited Substance (or its Metabolites or Markers), SAIDS Anti- Doping Rules adopt the rule of strict liability which was found in the Olympic Movement Anti-Doping Code ( OMADC ) and the vast majority of pre-code antidoping rules. Under the strict liability principle, an Athlete is responsible, and an anti-doping rule violation occurs, whenever a Prohibited Substance is found in an Athlete s Sample. The violation occurs whether or not the Athlete intentionally or unintentionally used a Prohibited Substance or was negligent or otherwise at fault. If the positive Sample came from an In-Competition test, then the results of that Competition are automatically invalidated (Article 9 (Automatic Disqualification of Individual Results)). However, the Athlete then has the possibility to avoid or reduce sanctions if the Athlete can demonstrate that he or she was not at fault or significant fault (Article 10.5 (Elimination or Reduction of Period of Ineligibility Based on Exceptional Circumstances)) or in certain circumstances did not intend to enhance his or her sport performance (Article 10.4 (Elimination or Reduction of the Period of Ineligibility for Specified Substances under Specific Circumstances)). The strict liability rule for the finding of a Prohibited Substance in an Athlete's Sample, with a possibility that sanctions may be modified based on specified criteria, provides a reasonable balance between effective anti-doping enforcement for the benefit of all "clean" Athletes and fairness in the exceptional circumstance where a Prohibited Substance entered an Athlete s system through no fault or negligence on the Athlete s part. It is important to emphasize that while the 8

10 determination of whether the anti-doping rule has been violated is based on strict liability, the imposition of a fixed period of Ineligibility is not automatic. The strict liability principle set forth in SAIDS Anti-Doping Rules has been consistently upheld in the decisions of CAS.] Sufficient proof of an anti-doping rule violation under Article 2.1 is established by either of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athlete s B Sample is analyzed and the analysis of the Athlete s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete s A Sample. [Comment to Article 2.1.2: SAIDS may in its discretion choose to have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample.] Excepting those substances for which a quantitative threshold is specifically identified in the Prohibited List, the presence of any quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete s Sample shall constitute an anti-doping rule violation As an exception to the general rule of Article 2.1, the Prohibited List or International Standards may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously. 2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method [Comment to Article 2.2: As noted in Article 3 (Proof of Doping), it has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means. Unlike the proof required to establish an anti-doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, or other analytical information which does not otherwise satisfy all the requirements to establish Presence of a Prohibited Substance under Article 2.1. For example, Use may be established based upon reliable analytical data from the 9

11 analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where SAIDS provides a satisfactory explanation for the lack of confirmation in the other Sample.] It is each Athlete s personal duty to ensure that no Prohibited Substance enters his or her body. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Athlete s part be demonstrated in order to establish an anti-doping rule violation for Use of a Prohibited Substance or a Prohibited Method The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed. [Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance requires proof of intent on the Athlete s part. The fact that intent may be required to prove this particular anti-doping rule violation does not undermine the strict liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or Prohibited Method. An Athlete s Use of a Prohibited Substance constitutes an anti-doping rule violation unless such substance is not prohibited Out-of-Competition and the Athlete s Use takes place Out-of-Competition. (However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In-Competition will be a violation of Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers) regardless of when that substance might have been administered.)] 2.3 Refusing or failing without compelling justification to submit to Sample collection after notification as authorized in these Anti- Doping Rules, or otherwise evading Sample collection. [Comment to Article 2.3: Failure or refusal to submit to Sample collection after notification was prohibited in almost all pre-code anti-doping rules. This Article expands the typical pre-code rule to include "otherwise evading Sample collection" as prohibited conduct. Thus, for example, it would be an anti-doping rule violation if it were established that an Athlete was hiding from a Doping Control official to evade notification or Testing. A violation of "refusing or failing to submit to Sample collection may be based on either intentional or negligent conduct of the Athlete, while "evading" Sample collection contemplates intentional conduct by the Athlete.] 10

12 2.4 Violation of applicable requirements regarding Athlete availability for Out-of-Competition Testing set out in the International Standard for Testing, including failure to file whereabouts information in accordance with Article 11.3 of the International Standard for Testing (a Filing Failure ) and failure to be available for Testing at the declared whereabouts in accordance with Article 11.4 of the International Standard for Testing (a Missed Test ). Any combination of three Missed Tests and/or Filing Failures committed within an eighteen-month period, as declared by SAIDS shall constitute an anti-doping rule violation. [Comment to Article 2.4: Separate whereabouts filing failures and missed tests declared under the rules of SAIDS shall be combined in applying this Article. In appropriate circumstances, missed tests or filing failures may also constitute an anti-doping rule violation under Article 2.3 or Article 2.5.] 2.5 Tampering or Attempted Tampering with any part of Doping Control. [Comment to Article 2.5: This Article prohibits conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods. For example, altering identification numbers on a Doping Control form during Testing, breaking the B Bottle at the time of B Sample analysis or providing fraudulent information tosaids.] 2.6 Possession of Prohibited Substances and Methods: Possession by an Athlete In-Competition of any Prohibited Method or any Prohibited Substance, or Possession by an Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance which is prohibited in Out-of-Competition Testing, unless the Athlete establishes that the Possession is pursuant to a therapeutic use exemption ( TUE ) granted in accordance with Article 4.4 (TUEs) or other acceptable justification Possession by an Athlete Support Personnel In-Competition of any Prohibited Method or any Prohibited Substance, or Possession by 11

13 Athlete Support Personnel Out-of-Competition of any Prohibited Method or any Prohibited Substance which is prohibited in Out-of- Competition Testing, in connection with an Athlete, Competition or training, unless the Athlete Support Personnel establishes that the Possession is pursuant to a TUE granted to an Athlete in accordance with Article 4.4 (TUEs) or other acceptable justification. [Comment to Article and 2.6.2: Acceptable justification would not include, for example, buying or possessing a Prohibited Substance for purposes of giving it to a friend or relative, except under justifiable medical circumstances where that Person had a physician s prescription, e.g., buying Insulin for a diabetic child.] [Comment to Article 2.6.2: Acceptable justification would include, for example, a team doctor carrying Prohibited Substances for dealing with acute and emergency situations.] 2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method. 2.8 Administration or Attempted administration to any Athlete In- Competition of any Prohibited Method or Prohibited Substance, or administration or Attempted administration to any Athlete Out-of- Competition of any Prohibited Method or any Prohibited Substance that is prohibited in Out-of-Competition Testing, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any Attempted anti-doping rule violation. [Comment to Article 2: The Code does not make it an anti-doping rule violation for an Athlete or other Person to work or associate with Athlete Support Personnel who are serving a period of Ineligibility. However, SAIDS may adopt its own specific policy which prohibits such conduct.] ARTICLE 3 PROOF OF DOPING 3.1 Burdens and Standards of Proof SAIDS has the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether SAIDS has established an anti-doping rule violation to the comfortable 12

14 satisfaction of the hearing panel bearing in mind the seriousness of the allegation that is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Anti-Doping Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti-doping rule violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability, except as provided in Articles 10.4 and 10.6 where the Athlete must satisfy a higher burden of proof. [Comment to Article 3.1: This standard of proof required to be met by SAIDS is comparable to the standard which is applied in most countries to cases involving professional misconduct. It has also been widely applied by courts and hearing panels in doping cases. See, for example, the CAS decision in N., J., Y., W. v. FINA, CAS 98/208, 22 December 1998.] 3.2 Methods of Establishing Facts and Presumptions Facts related to anti-doping rule violations may be established by any reliable means, including admissions. The following rules of proof shall be applicable in doping cases: [Comment to Article 3.2: For example,saids may establish an anti-doping rule violation under Article 2.2 (Use or Attempted Use of a Prohibited Substance or Prohibited Method) based on the Athlete s admissions, the credible testimony of third Persons, reliable documentary evidence, reliable analytical data from either an A or B Sample as provided in the Comments to Article 2.2, or conclusions drawn from the profile of a series of the Athlete s blood or urine Samples.] WADA-accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for Laboratories. The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard occurred which could have reasonably caused the Adverse Analytical Finding. If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard occurred 13

15 which could have reasonably caused the Adverse Analytical Finding, then SAIDS shall have the burden to establish that such departure did not cause the Adverse Analytical Finding. [Comment to Article 3.2.1: The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard that could reasonably have caused the Adverse Analytical Finding. If the Athlete or other Person does so, the burden shifts to SAIDS to prove to the comfortable satisfaction of the hearing panel that the departure did not cause the Adverse Analytical Finding.] Departures from any other International Standard or other anti-doping rule or policy which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such results. If the Athlete or other Person establishes that a departure from another International Standard or other anti-doping rule or policy which could reasonably have caused the Adverse Analytical Finding or other anti-doping rule violation occurred, then SAIDS shall have the burden to establish that such a departure did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice The hearing panel in a hearing on an anti-doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti-doping rule violation based on the Athlete or other Person s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the tribunal) and to answer questions either from the tribunal or from SAIDS asserting the antidoping rule violation. 14

16 [Comment to Article 3.2.4: Drawing an adverse inference under these circumstances has been recognized in numerous CAS decisions.] 1 ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti-Doping Rules incorporate the Prohibited List which is published and revised by WADA as described in Article 4.1 of the Code. SAIDS will make the current Prohibited List available to each National Federation, and each National Federation shall ensure that the current Prohibited List is available to its members and constituents. [Comment to Article 4.1: The Prohibited List will be revised and published on an expedited basis whenever the need arises. However, for the sake of predictability, a new Prohibited List will be published every year whether or not changes have been made. The Prohibited List in force is available on WADA's website at Prohibited List is an integral part of the International Convention against Doping in Sport. WADA will inform the Director-General of UNESCO of any change to the Prohibited List.] 4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List Prohibited Substances and Prohibited Methods Unless provided otherwise in the Prohibited List and/or a revision, the Prohibited List and revisions shall go into effect under these Anti- Doping Rules three months after publication of the Prohibited List by WADA without requiring any further action by SAIDS. As described in Article 4.2 of the Code, IFs may request that WADA expand the Prohibited List for their sport. IFs may also, request that WADA include additional substances or methods, which have potential for abuse in their sport, in the monitoring program described in Article 4.5 of the Code. As provided in the Code, WADA shall make the final 15

17 decision on requests by IFs. [Comment to Article 4.2.1: There will be one Prohibited List. The substances which are prohibited at all times would include masking agents and those substances which, when used in training, may have long term performance enhancing effects such as anabolics. All substances and methods on the Prohibited List are prohibited In-Competition. Out-of-Competition Use (Article 2.2) of a substance which is only prohibited In-Competition is not an anti-doping rule violation unless an Adverse Analytical Finding for the substance or its Metabolites is reported for a Sample collected In-Competition (Article 2.1). There will be only one document called the "Prohibited List." WADA may add additional substances or methods to the Prohibited List for particular sports (e.g. the inclusion of beta-blockers for shooting) but this will also be reflected on the single Prohibited List. A particular sport is not permitted to seek exemption from the basic list of Prohibited Substances (e.g. eliminating anabolics from the Prohibited List for ''mind sports"). The premise of this decision is that there are certain basic doping agents which anyone who chooses to call himself or herself an Athlete should not take.] Specified Substances For purposes of the application of Article 10 (Sanctions on Individuals), all Prohibited Substances shall be Specified Substances except (a) substances in the classes of anabolic agents and hormones; and (b) those stimulants and hormone antagonists and modulators so identified on the Prohibited List. Prohibited Methods shall not be Specified Substances New Classes of Prohibited Substances In the event WADA expands the Prohibited List by adding a new class of Prohibited Substances in accordance with Article 4.1 of the Code, WADA s Executive Committee shall determine whether any or all Prohibited Substances within the new class of Prohibited Substances shall be considered Specified Substances under Article Criteria for Including Substances and Methods on the Prohibited List As provided in Article of the Code, WADA s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List and the classification of substances into categories 16

18 on the Prohibited List is final and shall not be subject to challenge by an Athlete or other Person based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport. [Comment to Article 4.3: The question of whether a substance meets the criteria in Article 4.3 (Criteria for Including Substances and Methods on the Prohibited List) in a particular case cannot be raised as a defense to an anti-doping rule violation. For example, it cannot be argued that the Prohibited Substance detected would not have been performance enhancing in that particular sport. Rather, doping occurs when a substance on the Prohibited List is found in an Athlete s Sample. Similarly, it cannot be argued that a substance listed in the class of anabolic agents does not belong in that class.] 4.4 Therapeutic Use Exemption (TUE) Athletes with a documented medical condition requiring the use of a Prohibited Substance or a Prohibited Method must first obtain a TUE. The presence of a Prohibited Substance or its Metabolites or Markers (Article 2.1), Use or Attempted Use of a Prohibited Substance or a Prohibited Method (Article 2.2), Possession of Prohibited Substances or Prohibited Methods (Article 2.6) or administration of a Prohibited Substance or Prohibited Method (Article 2.8) consistent with the provisions of an applicable TUE issued pursuant to the International Standard for Therapeutic Use Exemptions shall not be considered an anti-doping rule violation. In addition, for all athletes the use of inhaled Beta-2 Agonists should be declared through ADAMS when reasonably feasible as soon as the product is used and must as well be declared on the Doping Control Form at the time of testing (Art International Standard for TUEs). While not prohibited, the use of Glucocorticosteroids by non systemic routes namely, intraarticular, periarticular, peritendinous, epidural, intradermal injections and inhaled route requires the filling of a Declaration of Use. 17

19 4.4.2 Athletes included by SAIDS in its Registered Testing Pool and other Athletes participating in any National Event must obtain a TUE granted or recognized by SAIDS. The application for a TUE must be made as soon as possible (in the case of an Athlete in the Registered Testing Pool, this would be when he/she is first notified of his/her inclusion in the pool) and in any event (save in emergency situations) no later than 21 days before the Athlete s participation in the Event For Athletes not in the Registered Testing Pool and who are not selected by their National Federation for a National Team, the following TUE Rules apply: (1) Athletes younger than 15 and older than 50 need not apply to SAIDS for a TUE but will have to be in passion of a valid doctor s prescription for the use of diuretics, insulin, tamoxifen treatment for cancer, steroid treatment for osteoporosis, systemic glucocorticosteroids and betablockers (not for shooting). (2) Athletes younger than 15 but older than 12 years need to be in possession of a valid doctor s prescription for the use of methylyphenidate (Ritalin). Athletes younger than 12 need no such medical certificate TUE s granted by SAIDS shall be reported to the Athlete's National Federation and to WADA. Other Athletes subject to Testing who need to use a Prohibited Substance or a Prohibited Method for therapeutic reasons must obtain a TUE from their National Anti- Doping Organization or other body designated by their National Federation, as required under the rules of the National Anti-Doping Organization/other body. National Federations shall promptly report any such TUE s to SAIDS and WADA The SAIDS BOARD shall appoint a panel of physicians and otrher specialist experts to consider requests for TUE s (the TUE Panel ). Upon the SAIDS receipt of a TUE request, the Chair of the 18

20 TUE Panel shall appoint one or more members of the TUE Panel (which may include the Chair) to consider such request. The TUE Panel member(s) so designated shall promptly evaluate such request in accordance with the International Standard for Therapeutic Use Exemptions and render a decision on such request, which shall be the final decision of SAIDS WADA, at the request of an Athlete or on its own initiation, may review the granting or denial of any TUE by SAIDS. If WADA determines that the granting or denial of a TUE did not comply with the International Standard for Therapeutic Use Exemptions in force at the time then WADA may reverse that decision. Decisions on TUE s are subject to further appeal as provided in Article 13. ARTICLE 5 TESTING 5.1 Authority to Test All Athletes under the jurisdiction of a National Federation shall be subject to In-Competition Testing by the Athlete s National Federation, the Athlete s International Federation, SAIDS and any Anti-Doping Organization responsible for Testing at a Competition or Event in which they participate. All Athletes under the jurisdiction of a National Federation, including Athletes serving a period of ineligibility or a Provisional Suspension, shall also be subject to Out-of-Competition Testing at any time or place, with or without advance notice, by WADA, the Athlete s National Federation, the Athlete s International Federation, SAIDS, the National Anti-Doping Organization of any country where the Athlete is national, resident, license-holder or member of sport organizations, the IOC during the Olympic Games, and the IPC during the Paralympic Games. Target Testing will be made a priority. 19

21 [Comment to Article 5.1: Target Testing is specified because random Testing, or even weighted random Testing, does not ensure that all of the appropriate Athletes will be tested (e.g., world-class Athletes, Athletes whose performances have dramatically improved over a short period of time, Athletes whose coaches have had other Athletes test positive, etc.). Obviously, Target Testing must not be used for any purposes other than legitimate Doping Control. The Code makes it clear that Athletes have no right to expect that they will be tested only on a random basis. Similarly, it does not impose any reasonable suspicion or probable cause requirement for Target Testing] 5.2 Responsibility for SAIDS Testing SAIDS shall be responsible for drawing up a test distribution plan in accordance with Article 4 of the International Standard for Testing, and for the implementation of that plan, including overseeing all Testing conducted by or on behalf of SAIDS. Testing may be conducted by members of the SAIDS Doping Officers or by other qualified persons so authorized by SAIDS]. 5.3 Testing Standards Testing conducted by SAIDS and its National Federations shall be in substantial conformity with the International Standard for Testing in force at the time of Testing Blood (or other non-urine) Samples may be used to detect Prohibited Substances or Prohibited Methods, for screening procedure purposes, or for longitudinal hematological profiling ( the passport ). 5.4 Testing at Events At International Events, the collection of Doping Control Samples shall be initiated and directed by the international organization that is the ruling body for the Event. If the international organization decides not to conduct any effective Testing at such an Event, SAIDS may, in coordination with and with the approval of the international organization or WADA, initiate and conduct such Testing. At National Events, the collection of Doping Control Samples shall be initiated and directed by SAIDS. 5.5 Athlete Whereabouts Requirements SAIDS shall identify a Registered Testing Pool of those Athletes 20

22 who are required to comply with the whereabouts requirements of the International Standard for Testing,, and shall publish the criteria for Athletes to be included in this Registered Testing Pool as well as a list of the Athletes meeting those criteria for the period in question. SAIDS shall review and update as necessary its criteria for including Athletes in its Registered Testing Pool, and shall revise the membership of its Registered Testing Pool from time to time as appropriate in accordance with the set criteria. Each Athlete in the Registered Testing Pool (a) shall advise SAIDS of his/her whereabouts on a six (6) monthly basis, in the manner set out in Article 11.3 of the International Standard for Testing; (b) shall update that information as necessary, in accordance with Article of the International Standard for Testing, so that it remains accurate and complete at all times;; and (c) shall make him/herself available for Testing at such whereabouts, in accordance with Article 11.4 of the International Standard for Testing. [Comment to Article 5.5.1: The purpose of the SAIDS Registered Testing Pool is to identify top-level National Athletes who SAIDS requires to provide whereabouts information to facilitate Out-of-Competition Testing by SAIDS and other Anti- Doping Organizations with jurisdiction over the Athletes. SAIDS will identify such Athletes in accordance with the requirements of Article 4 and Article 11.2 of the International Standard for Testing. Every National Federation shall report to SAIDS the performances, names and addresses of all Athletes whose performances fall within the Registered Testing Pool criteria established by SAIDS An Athlete s failure to advise SAIDS of his/her whereabouts shall be deemed a Filing Failure for purposes of Article 2.4 where the conditions of Article of the International Standard for Testing are met An Athlete s failure to be available for Testing at his/her declared whereabouts shall be deemed a Missed Test for purposes of Article 2.4 where the conditions of Article of the International Standard for Testing are met. 21

23 5.5.4 Each National Federation shall also assist its National Anti- Doping Organization in establishing a national level Registered Testing Pool of top level national Athletes to whom the whereabouts requirements of the International Standard for Testing shall also apply Whereabouts information provided pursuant to Articles and shall be shared with WADA and other Anti-Doping Organizations having jurisdiction to test an Athlete in accordance with Articles (d) and (d) of the International Standard for Testing, including the strict condition that it be used only for Doping Control purposes. 5.6 Retirement and Return to Competition An Athlete who has been identified by SAIDS for inclusion in the SAIDS Registered Testing Pool shall continue to be subject to these Anti-Doping Rules, including the obligation to comply with the whereabouts requirements of the International Standard for Testing, unless and until the Athlete gives written notice to SAIDS that he or she has retired or until he or she no longer satisfies the criteria for inclusion in the SAIDS Registered Testing Pool and has been so informed by the SAIDS An Athlete who has given notice of retirement to SAIDS may not resume competing unless he or she notifies SAIDS at least six months before he or she expects to return to competition and makes him/herself available for unannounced Out-of-Competition Testing, including (if requested) complying with the whereabouts requirements of the International Standard for Testing, at any time during the period before actual return to competition. 5.7 Testing of Minors Testing under these Anti-Doping Rules may only be conducted on a Minor where a Person with legal responsibility for that Minor has given prior consent. The giving of such prior consent shall be a condition precedent to the participation of that Minor in sport, unless the rules of 22

24 the relevant National Sports Federation provide otherwise. 5.8 Independent Observer Program National Federations and the organizing committees for National Federation Events shall provide access to Independent Observers at Events as directed by SAIDS. ARTICLE 6 ANALYSIS OF SAMPLES Doping Control Samples collected under these Anti-Doping Rules shall be analysed in accordance with the following principles: 6.1 Use of Approved Laboratories SAIDS shall send Doping Control Samples for analysis only to WADAaccredited laboratories or as otherwise approved by WADA. The choice of the WADA-accredited laboratory (or other laboratory or method approved by WADA) used for the Sample analysis shall be determined exclusively by SAIDS. 6.2 Purpose of Collection and Analysis of Samples Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the Monitoring Program described in Article 4.5 of the Code or to assist SAIDS in profiling relevant parameters in an Athlete s urine, blood or other matrix, including DNA or genomic profiling, for anti-doping purposes. [Comment to Article 6.2: For example, relevant profile information could be used to direct Target Testing or to support an anti-doping rule violation proceeding under Article 2.2 (Use of a Prohibited Substance), or both.] 6.3 Research on Samples No Sample may be used for any purpose other than as described in Article 6.2 without the Athlete s written consent. Samples used (with the Athlete s consent) for purposes other than Article 6.2 shall have any means of identification removed such that they cannot be traced 23

25 back to a particular Athlete. 6.4 Standards for Sample Analysis and Reporting Laboratories shall analyze Doping Control Samples and report results in conformity with the International Standard for Laboratories. 6.5 Retesting Samples A Sample may be reanalyzed for the purposes described in Article 6.2 at any time exclusively at the directive of SAIDS or WADA. The circumstances and conditions for retesting Samples shall conform with the requirements of the International Standard for Laboratories. [Comment to Article 6.5: Although this Article is new, Anti-Doping Organizations have always had the authority to reanalyze Samples. The International Standard for Laboratories or a new technical document which is made a part of the International Standard will harmonize the protocol for such retesting.] ARTICLE 7 RESULTS MANAGEMENT 7.1 Laboratory Results and Possible Failure to Comply Reports SAIDS shall receive the analytical results from the laboratory by secure fax, hand delivery or electronically through the WADA Clearinghouse SAIDS shall receive any Doping Control Officer Reports indicating a possible Failure to Comply from the relevant Doping Control Officer along with other documentation from the Sample Collection Session, by secure fax, hand delivery or electronically through the WADA Clearinghouse. 7.2 Negative Analytical Findings SAIDS shall identify from the Doping Control Form all Athletes whose Samples have resulted in a Negative Analytical Finding SAIDS shall notify via the WADA Clearinghouse (ADAMS), relevant stakeholders of Negative Analytical Findings to ratify Records SAIDS may notify Athletes or their representative of Negative 24

26 Analytical Findings if so required. However, SAIDS shall reserve the possibility to conduct further Testing on the Sample as long as they are stored securely All documentation from the Sample Collection Session along with the notification of Negative Analytical Findings shall be retained by SAIDS for a minimum of eight (8) years. 7.3 Adverse Analytical Findings Initial Review [Comment: Refer to Code Articles 3.2, and 3.2.2] Upon receipt of an Adverse Analytical Finding, SAIDS shall review for any irregularity all of the documentation relating to the Sample Collection Session (including the Doping Control Form, Doping Control Officer Report and other Records), and the laboratory analysis If there are any irregularities in the documentation, SAIDS shall determine whether the irregularity can be considered to undermine the validity of the Adverse Analytical Finding If irregularities are reasonably considered to undermine the validity of the Adverse Analytical Finding, SAIDS shall declare the test result void If a test is declared void due to an irregularity, it is recommended that SAIDS schedule an additional test on the Athlete at a later time If SAIDS declares a test result void, it shall immediately inform the Athlete, the Athlete s International Federation, National Sporting Federation and WADA Follow-up Investigations If the Sample shows the presence of a Prohibited Substance (for example endogenous substances) where further investigations are required to determine an Anti-Doping Rule 25

27 Violation, SAIDS may conduct an investigation before issuing a notice to an Athlete asserting that an Anti-Doping Rule Violation has occurred. [Comment to Article 7.3.2: See Article ] In the case where the laboratory has reported the presence of a testosterone/epitestosterone ratio greater than 4 to 1 in the urine, further investigation is obligatory in order to determine whether the ratio is due to a physiological or pathological condition. The investigation will include a review of any previous tests, subsequent tests, results of endocrinological investigations and/or CIRMS analyses. Where previous tests are not available, the Athlete shall undergo an endocrine investigation or be tested on a No Advance Notice basis at least once per month for three months SAIDS may request the assistance of the laboratory and other scientific and/or medical expertise as necessary to conduct an investigation, not revealing the identity of the Athlete If SAIDS determines that the past doping test history of the Athlete is relevant to the investigation, and SAIDS does not already have this information, SAIDS must notify the Athlete in writing that the Athlete s past doping test history is required and provide reasoning for such request. The Athlete must then forward details of their past doping test history to SAIDS within seven (7) days of receiving the notice and authorize SAIDS to request information from other Anti-Doping Organizations. SAIDS may contact other Anti-Doping Organizations, other laboratories or WADA to verify the Athlete s past doping test history SAIDS shall make the final consideration as to whether the follow-up investigation procedures evidence of an Anti- 26

28 Doping Rule Violation. In making the consideration, SAIDS must take into account all laboratory analyses and the findings and recommendation of any medical advisory or review committee. SAIDS may consult the laboratory and any other experts to assist in the interpretation of the follow-up investigation results If SAIDS determines that the investigation indicates that the Adverse Analytical Finding is due to a physiological or pathological condition and not due to an Anti-Doping Rule Violation, SAIDS shall advise the Athlete accordingly and no further action shall be taken in relation to the Adverse Analytical Finding If SAIDS determines that the investigation establishes evidence of an Anti-Doping Rule Violation, then SAIDS shall follow these Anti-Doping Rules with respect to the Adverse Analytical Finding TUEs If the analysis reveals a Prohibited Substance or method for which a TUE has been granted in accordance with the International Standards for TUEs, no further action is required If the Athlete has been granted a TUE in accordance with the International Standard for TUEs, but the level of the Prohibited Substance in the Sample is not consistent with the TUE, then SAIDS shall continue to follow these Anti-Doping Rules in respect to the A Sample Adverse Analytical Finding If the Athlete has not been granted a TUE in accordance with the International Standard for TUEs, then SAIDS shall follow these Anti-Doping Rules in respect to the A Sample Adverse Analytical Finding Despite the fact that the Athlete has produced any other medical information at the time of the Doping Control 27